Legal Opinion

State v. Thornton

Washington Supreme Court

Decided September 3, 1992No. 58273-4PublishedCited by 39 opinions

1Opinion of the CourtDurham, J.

We are asked to decide if a wife can testify against her husband (the defendant) in a prosecution for burglary of her home. At issue is the scope of the exception to the spousal incompetency rule which applies when one spouse commits a crime against the other.

Defendant, Robert Thornton, is married to Arlene Thornton. On July 11, 1990, a no-contact order was entered in Renton Municipal Court against defendant. The certificate of probable cause filed by the prosecuting attorney's office contains the following description of the relevant facts:

On August 3, 1990 at approximately 11 a.m., while…

2Cases cited7 opinions

  1. Trammel v. United StatesSupreme Court of the United States · 1980
  2. Wyman v. WallaceWashington Supreme Court · 1980
  3. State v. ThompsonWashington Supreme Court · 1977
  4. State v. KephartWashington Supreme Court · 1910
  5. State v. MoxleyCourt of Appeals of Washington · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. State v. WilsonWashington Supreme Court · 1994
  2. State v. GonzalezWashington Supreme Court · 2010
  3. HomeStreet, Inc. v. STATE, DEPT. OF REVENUEWashington Supreme Court · 2009
  4. HomeStreet, Inc. v. Department of RevenueWashington Supreme Court · 2009
  5. Estate of Haselwood v. Bremerton Ice Arena, Inc.Washington Supreme Court · 2009

34 more not listed; retrieve them via the Exa API.

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